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Journal : Jurnal Akta

Notary Role In The Bonding Object To The Settlement Of Liability Rights In Banking Credit Loss (Case Study In Semarang) Arya Fathurahman; Sulistyo Utomo; Amin Purnawan; Setyawati Setyawati
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7641

Abstract

The purpose of this study was to: 1) To Assess and analyze the role of the Notary in binding Collateral Object Encumbrance against Settlement Bad Debt in the city, 2) to Review and Analyze Effects, Barriers and Solutions in fastening places Encumbrance if not done before Notary , The method used in this study using a normative legal research legal research conducted by reviewing the materials are derived from legislation and other materials from a variety of literature.Based on the results of data analysis concluded that: 1) the importance of the role of the Notary that leads to Article 15 (1) UUHT determine that importance a strand Attorney Imposing Mortgage (SKMHT) shall be made by notarial deed or deed of PPAT. 2) The legal consequences for binding Binding Objects Encumbrance if not done in the presence of a Notary (1) agreements that do lose their authenticity as stated in Article 16 paragraph (8) UUJN, (2) the lender does not get a position that takes precedence (droit de preference), (3) in the event of default, the guarantee can not be directly executed, (4) proof of the deed made does not apply to third parties, so that the settlement be reached only through a settlement amicably, (5) affects the motivation of members financing to meet with a good performance. As for barriers and solutions if agreement encumbrance not done before Notary can be divided into three, namely: (1) prior to binding, associated with the filing requirements of the binding as of the identity of the parties, the object of the guarantee, and is authorized to act by the parties, (2) binding collateral, related to the change in attitude of the debtor and the binding process at the local BPN (3) after the binding, associated with the increase of SKMHT be APHT and roya against collateral.Keywords: Role of the Notary; Binding Objects Mortgage; Bad Debt.
Legal Protection Against Substitute Notary in Semarang Based on Act No. 2 of 2014 Amendment Act No. 30 of 2004 concerning Notary Setyawati Setyawati; Putri Nofita S Nofita S; Fahrurroji Sidik
Jurnal Akta Vol 7, No 2 (2020): June 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i2.7901

Abstract

The purpose of this study are to: 1) to identify and analyze the implementation of the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 Of 2004 on Notary. 2) to identify and analyze the constraints and solutions on the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 Of 2004 on Notary.Based on the results of data analysis concluded that: 1) the implementation of the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 of 2004 concerning Notary, that the authority and obligation Substitute Notary has the same status as Notary Public. Substitute Notary Public Notary and is common in performing official duties stipulated by the Act. 2) Obstacles and solutions on the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 of 2004 concerning Notary, Professional Notary protected by the Honorary Council of Notaries that served to protect the profession Notary not Notary personal, Notary Honorary Council oversees only ethical behavior Substitute Notary Public Notary and regulated in UUJN, Perkemenkumham and Notary Code of Ethics, and preferably Substitute Notary must always adheres to the rule of law that is UUJN, Perkemenkumham and Notary Code. If all rules are fulfilled, Substitute Notary will be free from claims filed her form.Keywords: Legal Protection; Substitute Notar; UUJN. 
The Judicial Review Of Deed Creation And Validation Process Of Limited Liability Company On Ahu-Online Application System Antonia Irawan; Fakhrul Wildan; Setyawati Setyawati
Jurnal Akta Vol 6, No 3 (2019): September 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i3.5104

Abstract

The purpose of this study are to: 1) To Detect and deploy Analyzing the Accuracy and Validation Process Limited liability company Incorporation in AHU-Online system. 2) To Know and Analyzing Barriers happened and find solutions to overcome barriers Proper case Barriers to AHU-Online System in the Process of Approval of a limited liability company (PT). The data used in this research is secondary data, which includes Legal Materials Primary, Secondary and Materials Legal Materials Tertiary Law to support the assessment which is then analyzed by Empirical Juridical approaches do with the fact that there in Practice In the field. This approach is also known by the Sociological approach made directly to the field.From the results of data analysis concluded that: 1) Accuracy and Validation Implementation in the Process of Establishment of a Limited liability company in AHU-Online system, according to the provisions of Article 9 UUPT that in order to obtain a Ministerial Decree on Approval of the Company Law Board, submitted through Online by Electronic AHU to the Minister. 2) Obstacles and Solutions in case the system is AHU-Online in the Process Ratification of a limited liability company, if it is proven the person doing the transaction was not competent law to conduct a transaction and a violation of the requirements of a particular case, and Abuse Terms of a For Halal, the Treaty of Establishment of Company can be canceled. In case of violation of the contents of the Agreement Establishing a company, it can do some act of law. If arises a problem of law and based on the Article 16 Paragraph (1) of Act No. 48 Of 2009 concerning Judicial Authority, that the court may not refuse to Check, Passing and Terminate and Judges shall Digging, Following and Understanding the Values of Law and Sense of Justice living in the community.Keywords: Judicial Review; Limited Liability Company; AHU-Online.
Juridical Review On Process Loading Liability Rights To Land That Has Not Registered In The District Of Semarang Ika Yulia Ningrum; Anggrin Gayuh Praptiwi; Setyawati Setyawati
Jurnal Akta Vol 6, No 3 (2019): September 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i3.5178

Abstract

This study aims to analyze the process of Encumbrances On land that has not been registered in the District of Semarang, Barriers which appeared in the Proceedings Encumbrances On Land Not Yet Enrolled in the District of Semarang and solutions to overcome barriers Appears In The Process Encumbrances On Land Not Yet registered in the District of Semarang.This study uses empirical juridical approach, the approach to reviewing the legislation relating to the issues to be discussed, and also conducted a field approach to obtain information as supporting material. Specifications of this research is descriptive analysis that describes the laws that apply associated with legal theories and practice of positive law concerning these issues.Based on the research results that the implementation of Encumbrances against certified land not yet in practice never done bank by making APHT directly against yangbelum certified lands. Bank in this case was limited to making SKMHT only. Obstacles that arise in the process of loading encumbrance on land that has not been registered in the District of Semarang is when the giver of mortgage has died, a typing error and the installation of the second rank security rights. The solution is under hand sales, writing and checking certificates rectification katas ha of new land.Keywords: Land Registry; Loading Liability Rights, Land That Has Not Registered
Juridical Analysis QR Code Inclusion in Deed Seen From Act No. 2 of 2014 on the Amendment of Act No. 30 of 2004 about Notary Angga Hardityo; Amin Purnawan; Setyawati Setyawati
Jurnal Akta Vol 6, No 2 (2019): June 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i2.5014

Abstract

A public official authorized to make an authentic deed regarding all actions, agreements and statutes that required by regulation or desired by the public interest that is expressed in an authentic deed is a Notary. The competent authorities have the duty and obligation to provide legal certainty on a whim deeds poured in the form of Deed. The times and the modern era such as the present need for security in the Deed to prevent counterfeiting deed, which one of them by using the QR Code in the Deed. Prudence needs to be done by a Notary Public, including keeping the deed of forgery measures. The safeguard measures need to take into account the provisions of legislation, as noted in UUJN Article 38 Paragraph (1) that: "each certificate shall consist of: a. Early Head Deed or Deed, b. Deed Agency, c. Closing the end Deed or Deed. This study aims to: 1) identify and analyze about the inclusion of the QR Code on the terms of the Deed Act No. 2 of 2014 on the change of Act No. 30 of 2004 concerning Notary; and 2) determine the position of Deed which included the QR Code on the deed by Act No. 2 of 2014 on the change of Act No. 30 of 2004 concerning Notary.Keywords: Analysis of Juridical; QR Code; Deed; Notary Law.